CONSOLIDATED TO 30 JUNE 2012
LAWS OF SEYCHELLES
CHAPTER 23
THE CARRIAGE BY AIR ACTS (APPLICATION OF PROVISIONS)
(OVERSEAS TERRITORIES) ORDER 1967
[1sth June, 1967]
ARRANGEMENT OF ORDER
Article
1.Citation.
2.Interpretation.
3.Application of Order to certain carriage by air.
4.Non international carriage, and carriage of mail and postal packages.
5.International carriage under the Warsaw Convention.
6.Power to restrict application of Order.
7.Application of certain provisions of the Acts of 1961 and 1962.
8.Gratuitous carriage by the Republic.
9.Application of Order to Seychelles.
SCHEDULE 1
PART I
Adapted and modified provisions of Act of 1961
PART II
Adapted and modified provisions of Act of 1962
SCHEDULE 2
NON INTERNATIONAL CARRIAGE, AND CARRIAGE OF MAIL AND POSTAL
PACKAGES
PART I
Application of the amended Convention
PART II
Application of the Guadalajara Convention
SCHEDULE 3
INTERNATIONAL CARRIAGE UNDER THE WARSAW CONVENTION SECTIONS 2
AND 8 OF THE ACT OF 1961 AS ADAPTED AND MODIFIED
SCHEDULE 4
INTERNATIONAL CARRIAGE UNDER THE WARSAW CONVENTION
PART I
Application of the amended Convention
PART II
Application of the Guadalajara Convention
1.This Order may be cited as the Carriage by Air Acts (Application of Provisions) (Overseas Territories) Order 1967.
2.(1)In this Order, unless the context otherwise requires
"The Act of 1961" means the Carriage by Air Act 1961 of the United Kingdom;
"The Act of 1962" means the Carriage by Air (Supplementary Provisions) Act, 1962 of the United Kingdom;
"The amended Convention" means the English text of the Warsaw Convention with the amendments made to it by the Hague Protocol, as set out in the First Schedule to the Act of 1961, and includes the Additional Protocol to the Warsaw Convention as set out at the end of that Schedule;
"The Guadalajara Convention" means the English text of the Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International carriage by Air performed by a Person other than the Contracting Carrier, as set out in the Schedule to the Act of 1962;
"The Warsaw Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw on 12th October 1929.
(2)The Interpretation Act 1889 of the United Kingdom, shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of Parliament of the United Kingdom.
3.This Order shall apply to all carriage by air, not being carriage to which the amended Convention applies.
4.Schedule 2 to this Order shall have effect in respect of carriage to which this Order applies, being either
(a) carriage which is not international carriage as defined in schedule 4 to this Order, or
(b) carriage of mail or postal packages.
5.(1)Schedule 4 to this Order shall have effect in respect of carriage to which this Order applies, being carriage which is international carriage as defined in that schedule.
(2)Sections 2 and 8 of the Act of 1961, adapted and modified in the form set out in schedule 3 to this Order, shall apply to such carriage as aforesaid.
6.The Minister may by writing under his hand direct that, in relation to Seychelles, any carriage or class of carriage, or any person or class of person shall be exempted from any of the requirements imposed by this Order, and any such direction may be expressed to be, and if so expressed shall take effect, subject to any conditions or limitations which in the circumstances of the case appear to the Minister to be required.
7.Sections 3,4 and 5 of the Act of 1961 and subsections (1) and (2) of sections 3 of the Act of 1962, adapted and modified in the form as set out in schedule 1 to this Order, shall apply to carriage by air to which this Order applies, and any reference in the said subsections (1) and (2) of section 3 of the Act of 1962 to the Act of 1961 shall be construed as a reference to that Act as so adapted and modified.
8.(a)This Order shall apply to gratuitous carriage by the Republic as it applies to carriage by the Republic for reward, and
(b)the Acts of 1961 and 1962, as adapted and modified by the provisions of the Carriage by Air (Overseas Territories) Order 1967 and extended to the Seychelles, shall apply to gratuitous carriage by the Republic as they apply by virtue of that Order, to carriage by Republic for reward:
Provided, in each case, that the Republic shall not be precluded by Article 3(2) of the amended Convention as so applied from availing itself of the provisions of Article 22 thereof (which provides for the limitation of the carrier's liability in the carriage of persons) by reason of a passenger ticket not having been delivered or of the ticket not including the required notice.
9.This Order applies to Seychelles.
______
SCHEDULE I
[Article 7]
PART I
Adapted and Modified Provisions of the Act of 1961
3.Any liability imposed by Article 17 in Part I of schedule 2 and in Part I of schedule 4 to this Order on a carrier in respect of the death of a passenger shall be in substitution of any liability of the carrier in respect of the death of that passenger either under any enactment or at common law and the provisions set out in the Annex to this Part of this schedule shall have effect with respect to the persons by whom and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.
4.(1)It is hereby declared that the limitations on liability in Article 22 in Part I of schedule 2 and in Part I of schedule 4 to this Order apply whatever the nature of the proceedings by which liability may be enforced and that, in particular
(a)those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor, and
(b)the limitation for each passenger in paragraph (1) of the said Article 22 applies to the aggregate liability of the carrier in all proceedings which may be brought against him under the law of Seychelles, together with any proceedings brought against him outside Seychelles.
(2)A court before which proceedings are brought to enforce a liability which is limited by the said Article 22 may at any stage of the proceedings make any such order as appears to the Court to be just and equitable in view of the provisions of the said Article 22, and of any other proceedings which have been, or are likely to be commenced in Seychelles or elsewhere to enforce the liability in whole or in part.
(3)Without prejudice to the last foregoing subsection, a court before which proceedings are brought to enforce a liability which is limited by the said Article 22 shall, where the liability is, or may be, partly enforceable in other proceedings in Seychelles or elsewhere, have jurisdiction to award an amount less than the court would have awarded if the limitation applied solely to the proceedings before the court, or to make any part of its award conditional on the result of any other proceedings.
(4)The Minister may, in such manner as he may think fit, from time to time specify the respective amounts which for the purpose of the said Article 22, and in particular of paragraph (5) or (4) of that Article, as the case may be, are to be taken as equivalent to the sums expressed in francs which are mentioned in that Article.
(5)References in this section to the said Article 22 include, subject to any necessary modifications, references to that Article as applied by Article 25A.
5.(1)No action against a carrier's servant or agent which arises out of damage to which the amended Convention as applied to this Order relates shall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.
(2)Article 29 in Part I of schedule 2 and in Part I of schedule 4 to this Order shall not be read as applying to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which the said Article 29 applies after the expiration of two years from the time when judgment is obtained against the person seeking to obtain the contribution.
(3)The foregoing provisions of this section and the provisions of the said Article 29 shall have effect as if references in those provisions to an action included references to an arbitration.
ANNEX TO PART I OF SCHEDULE
1.(1)The liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death.
(2)For the purposes of this paragraph the following shall be taken to be the members of the passenger's family that is to say, the passenger's wife or husband, parents, grandparents, children and grandchildren and any person who is, or is the issue of, a brother, sister, uncle or aunt of the passenger.
(3)In deducing any relationship for the purposes of this paragraph
(a)an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person; and, subject thereto.
(b)any relationship by affinity shall be treated as a relationship by consanguinity, any relationship of the half blood as a relationship of the whole blood, and the step child of any person as his child; and
(c)an illegitimate person shall be treated as a legitimate child of his mother and reputed father.
2.Subject to the provisions of this schedule, an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under the last preceding paragraph enforceable but only one action shall be brought in respect of the death of any one passenger and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in Seychelles or, not being domiciled there, express a desire to take the benefit of this section.
3.Subject to the provisions of this schedule, the amount recovered in any such action, after deducting any costs not recoverable from the defendant, shall be divided between the persons entitled in such proportions as the court (or, where the action is tried with a jury) direct.
PART II
Adapted and modified provisions of Act of 1962
3.(1)In paragraph (a) of subsection (1) and in subsections (2) and (3) of section 4 of the Act of 1961 (which explain the limitations on liability in Article 22 in the First Schedule to that Act and enable a court to make appropriate orders and awards to give effect to thos limitations) references to the said Article 22 shall include, subject to any necessary modifictions, references to Article VI in Part II of schedule 2 and Part II of schedule 4 to this Order.
(2)In section 5 of the Act of 1961 (which limits the time for bringing proceedings against a carrier's servant or agent and to obtain contribution from a carrier) references to a carrier include references to an actual carrier as defined in paragraph (c) of Article 1 in Part II of schedule 2 and Part II of schedule 4 to this Order.
SCHEDULE 2
[Article 4]
NON INTERNATIONAL CARRIAGE, AND CARRIAGE OF MAIL POSTAL PACKETS
PART I
Application of the amended Convention
The amended Convention as adapted and modified in the form hereinafter set out shall apply in respect of the carriage described in Article 4 of this Order:
CHAPTER I
SCOPE DEFINITIONS
Article 1
(1)This schedule applies to all carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.
Article 2
(1)This schedule applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.
CHAPTER III
LIABILITY OF THE CARRIER
Article 17
The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.
Article 18
(1)The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.
(2)The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.
(3)The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.
Article 19
The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.
Article 20
The carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.
Article 21
If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.
Article 22
(1)In the carriage of persons the liability of the carrier for each passenger is limited to the sum of eight hundred and seventy five thousand francs. Where, in accordance with the law of the court seised of the case, damages may be awarded in the form of periodical payments the equivalent capital value of the said payments shall not exceed eight hundred and seventy five thousand francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.
(2)(a)In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of two hundred and fifty francs per killogramme, unless the passenger or consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the passenger's or consignor's actual interests in delivery at destination.
(b)In the case of loss, damage or delay of part of registered baggage or cargo, or of any object contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the package or packages concerned. Nevertheless, when the loss, damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air way bill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability.
(3)As regards objects of which the passenger takes charge himself the liability of the carrier is limited to five thousand francs per passenger.
(4)The limits prescribed in this Article shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff. The foregoing provision shall not apply if the amount of the damages awarded, excluding court costs and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later.
(5)The sums mentioned in francs in this Article shall be deemed to refer to a currency unit consisting of sixty five and a half miligrammes of gold of millesimal fineness nine hundred. These sums may be converted into national currencies in round figures. Conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgment.
Article 23
(1)Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this schedule shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this schedule.
(2)Paragraph (1) of this Article shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.
Article 24
(1)In the cases covered by Article 18 and 19 any action for damages however founded, can only be brought subject to the conditions and limits set out in this schedule.
(2)In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.
Article 25
The limits of liability specified in Article 22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that, in the case of such act or omission of a servant or agent, it is also proved that he was acting within the scope of his employment.